Injured woman sues park

SANDUSKY — A Michigan woman injured by flying debris from a roller coaster in 2021 has filed suit against Cedar Fair and the ride's manufacturer. Rachel Hawes, of Swartz Creek, Michigan, filed the action in the Erie County Court of Common Pleas seeking damages in excess of $25,000. On Aug. 15, 2021, Hawes was standing in line for the Top Thrill Dragster roller coaster when a metal piece called a proximity flag plate became detached from the ride, flew through the air and struck Hawes in the head. She suffered injuries including head trauma and a resultant traumatic brain injury, the suit states. She was treated by EMS at the scene before being transported to Firelands Regional Medical Center. She was later flown by medical helicopter to a Toledo hospital. Since the incident, Hawes has incurred more than $2 million in medical expenses, the suit states. It also says she is expected to have future medical and therapy costs exceeding $10 million. At the time of the incident, Hawes was studying to become an educator. Due to her injuries, she will not be able to work ever again, according to the lawsuit. Her expected loss of earnings tops $1.2 million. The lawsuit names Cedar Fair, L.P. and ride manufacturers Intamin, Ltd. as defendants. The action also lists numerous unnamed people and entities as defendants. Also named as plaintiffs are Hawes' spouse, Slater Hawes and her father, Robert Edmonds. The suit states Edmonds was standing in line with Rachel Hawes when she was struck. The Division of Amusement Ride Safety of Ohio's Agriculture Department released a memo in February 2022 stating the division could not find sufficient evidence to prove that the park's actions or inactions violated state law on amusement ride safety. No administrative action was taken against Cedar Fair by the division. A capscrew fashioner backed out of a frame that secured the flag plate to the ride, according to a memo from the state's ride safety division. The part then failed from 'instantaneous overload fracture." "The mechanic responsible for the inspection of the Top Thrill Dragster the night before the accident, affirmatively stated that he inspected the proximity flag plate, and it was not loose prior to the morning of Aug. 15, 2021," the memo states. "ODA did not discover any evidence to contradict these statements." Cedar Point closed Top Thrill Dragster after the incident and never reopened. Last September, the park said it was going to retire the ride and replace it with a reimagined one. All three plaintiffs are represented by attorneys Jim Murray and William Bartle of the Murray & Murray law firm in Sandusky. Jim Murray provided this statement to the Register: "This incident should have never occurred. Rachel suffered permanent and life-altering injuries as a result of being struck in the head by a dislodged flag plate while simply standing in line. The aftermath of Rachel's injuries has been a continuing nightmare for her and her family. As a longtime Erie County resident who takes pride in Cedar Point's contribution to our community, I hope Cedar Point will demonstrate it cares for its patrons by taking full responsibility for Rachel's injuries." Attorney Justin Harris, who will likely represent Cedar Fair, said Wednesday that he had been made aware of the suit but cannot comment on pending litigation.